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Full-Text Articles in Law
The Flourishing Race: How The Success Of American Indian Artist-Entrepreneurs Underscores The Need For Enhanced Legal Protections For Native Intellectual Property, Jessica Roberts
American Indian Law Journal
No abstract provided.
Exceeding Its Authority: The Uspto Prevents Federal Registration Of Medical Marijuana Trademarks, Stephanie Gambino
Exceeding Its Authority: The Uspto Prevents Federal Registration Of Medical Marijuana Trademarks, Stephanie Gambino
Seattle University Law Review
The United States Patent and Trademark Office (USPTO) took concrete steps to reduce transaction costs to consumers purchasing medical marijuana products by creating a category for medical marijuana products within International Class 5. However, that decision was rescinded quickly. Then, the USPTO overreached its statutory authority by ordering a wholesale prohibition of federal registration for medical marijuana trademarks. This Comment argues that because the USPTO overreached its statutory authority in prohibiting federal registration for medical marijuana trademarks, it should reinstate the category for medical marijuana products and allow medical marijuana producers to seek federal registration of their trademarks. Part I …
The World’S Trademark Powerhouse: A Critique Of China’S New Trademark Law, Xuan-Thao Nguyen
The World’S Trademark Powerhouse: A Critique Of China’S New Trademark Law, Xuan-Thao Nguyen
Seattle University Law Review
China has become the world’s trademark powerhouse with the largest number of trademark registrations for goods and services. Parallel to the new rise is the explosion of scandals concerning trademarked goods, causing numerous deaths, massive hospitalizations, and consumer defection from domestic brands. Instead of having a trademark law with consumer protection as the cornerstone, China’s new Trademark Law will cement China as the world’s manufacturer of trademarks. This Article is the first to critically examine China’s new Trademark Law. The new law mainly centers on creating procedural measures for more trademark registrations, maintaining China’s trademark registration powerhouse status, and perpetuating …
The Name Is Not Always The Same, Neal J. Friedman, Kevin Siebert
The Name Is Not Always The Same, Neal J. Friedman, Kevin Siebert
Seattle University Law Review
This Article explores the present Internet addressing system, the history of trademark disputes on the Internet, and proposals for resolving these disputes. Part I provides a brief history of the Internet, discusses its addressing system, and explains the use of domain names as identifiers for companies on the Internet. Part II introduces the current system for registering Internet domain names and the problems associated with its structure. Part III gives a brief background of trademark law and tracks the evolution of disputes that have arisen as a result of the intersection of the Internet and trademark law. Finally, Part IV …
Reverse Passing Off: Preventing Healthy Competition, Catherine Romero Wright
Reverse Passing Off: Preventing Healthy Competition, Catherine Romero Wright
Seattle University Law Review
In order to protect creativity, the development of products, and access to the marketplace, the Ninth Circuit should readopt the strict bodily appropriations test when determining whether a plaintiff has a legitimate claim under the Lanham Act for reverse passing off. This test protects product originators from having their products mislabeled and it protects entrepreneurs like Chad, who can make valuable contributions to products. This Comment begins with a brief description of the origins of reverse passing off, followed by its evolution in the Ninth Circuit. The expansion of this cause of action in some other circuits is examined; and …